Colin Kaepernick's collusion grievance may end chance at NFL comeback

Colin Kaepernick has filed a grievance against the NFL and its owners alleging collusion to keep him out of the league because of his protest against racial discrimination.

Kaepernick, who began kneeling during the national anthem to raise awareness in August 2016 as a member of the 49ers, has remained out of the league while teams have added less accomplished quarterbacks.

Kaepernick’s attorney, Mark Geragos, released a statement Sunday confirming the filing of the grievance, which could ultimately end any chance Kaepernick has at returning to the NFL. From Pro Football Talk:

“We can confirm that this morning we filed a grievance under the CBA on behalf of Colin Kaepernick,” Geragos said in a statement. “This was done only after pursuing every possible avenue with all NFL teams and their executives.

“If the NFL (as well as all professional sports leagues) is to remain a meritocracy, then principled and peaceful political protests — which the owners themselves made great theater imitating weeks ago — should not be punished and athletes should not be denied employment based on partisan political provocation by the Executive Branch of our government. Such a precedent threatens all patriotic Americans and harkens back to our darkest days as a nation. Protecting all athletes from such collusive conduct is what compelled Mr. Kaepernick to file his grievance.

“Colin Kaepernick’s goal has always been, and remains, to simply be treated fairly by the league he performed at the highest level for and to return to the football playing field.”

Kaepernick, and players throughout the NFL who joined his protest, has long maintained the decision to kneel is not out of disrespect for the flag, the anthem, military members or veterans.

Despite those claims, the protest has been one of the most controversial issues facing the league and its owners while fans and sponsors have come out against players taking a knee. The NFL and its owners are meeting with players this week in New York to discuss the issue.

The league has maintained its policy surrounding the national anthem won’t change to prevent players from taking a knee, despite Jerry Jones, the Cowboys owner and one of the league’s most prominent voices, condemning the protests and indicating his players would be benched for not standing during the anthem.

The protests resurfaced as a prominent national story when President Donald Trump publicly condemned players for taking a knee last month, calling for owners to “fire” any that protested while calling them a “son of a bitch” at a rally. Players throughout the league, including some 30 members of the 49ers, responded by taking a knee and speaking out against Trump’s words in games that followed.

Many owners released statements condemning Trump’s comments and were visible with their players during various anthem demonstrations under the central theme of “unity.” Players, however, have expressed concern that the original message of the protest, to speak out against racial discrimination and social injustice, is being lost in the discussion focused on the anthem.

Kaepernick since being out of the league has worked extensively with charitable organizations raising awareness against social injustice, racial discrimination and police brutality. He pledged $1 million to various causes throughout the country. He has moved from the Bay Area to New York City since leaving the 49ers.

San Francisco’s former quarterback opted out of his contract in February to get a head start on free agency after he was told by the team’s new coach Kyle Shanahan and general manager John Lynch he would be released. He was scheduled to make $14.9 million in 2017 after signing a six-year contract extension in the summer of 2014. He helped San Francisco to the Super Bowl during his first season as the starter in 2012 and followed it up with a trip to the NFC title game in his second.

The grievance could very well be the final straw in Kaepernick’s comeback attempt. Whether or not it hits home has yet to be seen. It will take substantial evidence to prove the NFL and/or its owners worked collectively to keep him unsigned. The Seahawks and Ravens publicly expressed interest in Kaepernick but declined to offer him a contract.

Kaepernick’s grievance is his official line in the sand, taking his protest against systemic oppression and using his weight as a social figure to bring it to the doorstep of the NFL in a more tangible way than kneeling during the anthem.

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